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Woo-hoo! I'm being sued! (But need some advice!)
cluestick
post Tue, 19 Sep 2006 - 18:55
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Hi,

I posted on here a while ago about a parking ticket I got. I'm still refusing to pay but I'm getting really hacked off with the whole matter. The details of my case are:

Parking permits were issued by the managing agent of the flats where I live. These are private flats with off-road parking so no council or police involvement. The permits were intended to be displayed at all times or you'd get a £100 fine. I parked in the space allocated to my flat believing I had displayed a permit. BANG. I get a charge notice stating that a permit was not on display. The charge notice had the wrong registration number. This was in May about two months after the permits were issued.

Stupidly I wrote to the company, AS Securi-T, if anyone's interested, pointing out their error. I also explained that I was a resident, that I was parked legally in my bay, that it was my vehicle, registered to me and that I'd ensure that the permit was displayed more clearly in future to avoid further confusion.

AS Securi-T cancelled the ticket and threatened to sue.

I pointed out I didn't have a ticket as they'd cancelled it.

AS Securi-T threatened to sue me.

I pointed out I didn't have a ticket.

AS Securi-T threatened to sue and sent me a new ticket. Kindly they also sent the photos they'd taken, on the basis of which they were issuing the new charge notice.

I pointed out this was absurd. I also pointed out that the photographs did not show the whole of the windscreen and were very poor quality anyway due to lighting conditions, reflections and shadows. I pointed out again that AS Securi-T could check that I was in possession of a permit, that it was my car and that it was located correctly in the parking bay allocated to my flat.

AS Securi-T threaten to sue if I don't pony up £75 by October the 2nd. Five months after the alleged offence. Understandably, I'm reluctant to do so. However, they're quoting that:

"On 1st September 2006, Deputy District Judge Lee, sitting at Dudley County Court, West Midlands, in the case of AS Securi-T v PTS Plant & Equipment Ltd ruled that AS Securi-T Ltd had issued the parking charge notice correctly to the defendent for breach of the rules & regulations which formed the basis of implied terms of contract. The defendent was ordered to pay the charge in full plus witness costs and court costs."


Does this have any merit or is it a blatant attempt to scare me? I can't find any details of it unfortunatly. What would you advise as my next step? What are the court costs likely to be if I go to court and lose? I have no intention of paying but have no faith in the courts either. Can anyone reassure me? I'd like to write to AS Securi-T and tell them to go f**k themselves, to be honest. I've wasted enough time and effort on this and it's now getting boring. I work full time and am a part-time student paying for myself and am really running out of effort on this.

Any information, guidance etc is very welcome.

Thanks a lot.
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post Tue, 19 Sep 2006 - 18:55
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Teufel
post Tue, 19 Sep 2006 - 23:04
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its to scare you - it was probably undefended

county court actions are not precedent

awarding of costs in civil actions for monetary claims is very rare
i am really surprised

since you have a permit then you did have a contract
what were the terms of that contract ? did you
sign anything ? did you agree to pay a penalty ?

even so the penalty is unenforceable

you need to read dunlop v new motor - a house of lords decison

The sum is 'extravagant and unconscionable' to use the words of Lord Dunedin in the case of Dunlop Pneumatic Tyre v New Garage and Motor Co Ltd in the House of Lords in 1915

it is not linked to their loss - which is ZERO

in any case you still have the permit yes ?
it still your space yes ?
you park there every day and the pemit is there everyday
and you dont get tickets

i think they have a burden to prove their claim !

if they got the reg wrong how did they find you ?
anyway these defects make them look unreliable

claim costs

go to a library or buy a book on contract law
something like palgrave is good for beginners
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roberto
post Wed, 20 Sep 2006 - 00:42
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The mistake you made was to write to them in the first place advising them of their mistake.
Their original ticket is unenforceable because of their error. Do you still have it? And a copy of the letter
you wrote in response?

Your best bet is to contact Dudley County Court and advise them that you were not told of the Court
hearing, and ask if they would kindly set aside their first ruling as you wish to attend the Court and plead not guilty to the charge.

Show them the original wrong parking notice.
If you kept a copy of the letter you wrote them, then take that to Court. Otherwise write to the parking
company asking, as is your right under the Data Protection Act, for all information relating to your case.
You will have to include £1. Go to Court and get the case thrown out. Don't forget to claim expenses.
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DW190
post Wed, 20 Sep 2006 - 07:56
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QUOTE (Teufel @ Wed, 20 Sep 2006 - 00:04) *
awarding of costs in civil actions for monetary claims is very rare
i am really surprised


Court Fees can be claimed in Small Claims Cases.

Witness expenses and Loss of Earnings can be claimed up to a Limit.

The case mentioned appears to be against a Company (AS Securi-T v PTS Plant & Equipment Ltd) that may have parked considerably large plant vehicles on a car park thus restricting parking for others.


QUOTE (roberto @ Wed, 20 Sep 2006 - 01:42) *
Your best bet is to contact Dudley County Court and advise them that you were not told of the Court
hearing,
and ask if they would kindly set aside their first ruling as you wish to attend the Court and plead not guilty to the charge.


The above case was NOT against Cluestick and should be ignored.


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DW190

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DIPPER
post Wed, 20 Sep 2006 - 09:06
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If as you say these are private flats and the parking space is part of what you paid for then surely you have title to the parking space regardless of what any third party may want to imply.

I suggest you write to the management agent( who you and other owners/tenants pay to manage the flats )pointing out that you have a permit and as title owner have a right to park in YOUR space .
Advise him that any further threats from the security compnay will be reported to the BIB for harassment and his management company will be also reported for condoning and abetting the harassment.
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